Majority
p. 782
In the Matter of the Petition of Fred W. Gieseking, Appellant, for an Order of Mandamus against The Board of Education of the City of New York, Respondent.
The decision of this court handed down on June 30, 1933 [ante, p. 730], is hereby amended to read as follows: Order denying motion for a mandamus order unanimously affirmed, with costs, as a matter of law and not in the exercise of discretion. No opinion. Present — Lazansky, P. J., Kapper, Hagarty, Carswell and Tompkins, JJ.